ABUL KALAM AZAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Hussain, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned Standing Counsel, Elementary Education Department for Respondents No.1, 3, 5 and 7; and Mr. A. Chaliha, learned Standing Counsel, Finance Department for Respondents No.2, 4 and 6. The petitioner No.1 is the Head Teacher and the Petitioner No.2 is the Assistant Teacher of Uttar Ghilazari Lower Primary School, Barpeta District. The services of the petitioners were provincialized by the order dtd. 14/5/2013 issued by the Director of Elementary Education, Assam/Respondent No.3.

(2.) The main grievance of the writ petitioners in this writ petition is that they have not been paid their salary with effect from 1/1/2013 to 28/2/2014 without assigning any reason. They, therefore, pray for a direction to the respondents to pay arrear salary of the petitioners for the aforesaid period.

(3.) The Director of Elementary Education, Assam/Respondent No.3 has filed an affidavit-in-opposition and paragraph-7 of the said affidavit is extracted herein below :-